SF 1623

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to agriculture; restricting certain trade 
  1.3             practices by wholesale dairy product suppliers; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 32. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [32.721] [PROHIBITED PRACTICES.] 
  1.8      Subdivision 1.  [DISCOUNT; REFUND; PRICE ADVANTAGE.] Except 
  1.9   as provided in sections 32.11, 32.12, and this section, a person 
  1.10  that makes wholesale sales as defined in section 32.70, 
  1.11  subdivision 10, of selected class I or class II dairy products 
  1.12  as defined in section 32.70, subdivisions 7 and 8, to a retailer 
  1.13  must not provide to the retailer a discount, refund, price 
  1.14  advantage, or credit terms relating to the dairy products sold 
  1.15  by the retailer. 
  1.16     Subd. 2.  [LOAN; ADVANCE OF MONEY; CREDIT ARRANGEMENT.] A 
  1.17  wholesaler that sells selected class I or class II dairy 
  1.18  products to a retailer must not provide to the retailer a loan, 
  1.19  advance of money, or credit arrangement that differs in any 
  1.20  significant way, including required payment, from similar 
  1.21  arrangements available to all retailers to whom the wholesaler 
  1.22  sells dairy products at wholesale. 
  1.23     Subd. 3.  [REAL OR PERSONAL PROPERTY.] A wholesaler that 
  1.24  sells selected class I or class II dairy products to a retailer 
  1.25  must not provide to the retailer real or personal property of 
  2.1   any kind that differs in any significant way, including required 
  2.2   payment, from similar real or personal property made available 
  2.3   to all retailers to whom the wholesaler sells dairy products at 
  2.4   wholesale. 
  2.5      Subd. 4.  [IMPROVEMENT; PAINTING.] A wholesaler that sells 
  2.6   selected class I or class II dairy products to a retailer must 
  2.7   not provide to the retailer any improvement to the retail 
  2.8   premises, including services such as painting or remodeling, 
  2.9   that differs in any significant way, including required payment, 
  2.10  from similar improvements and services available to all 
  2.11  retailers to whom the wholesaler sells dairy products at 
  2.12  wholesale. 
  2.13     Subd. 5.  [OUTDOOR ADVERTISING STRUCTURE; DISPLAY.] A 
  2.14  wholesaler that sells selected class I or class II dairy 
  2.15  products to a retailer must not provide to the retailer an 
  2.16  outdoor advertising structure or indoor or outdoor display that 
  2.17  differs in any significant way, including required payment, from 
  2.18  outdoor advertising structures or indoor or outdoor displays 
  2.19  available to all retailers to whom the wholesaler sells dairy 
  2.20  products at wholesale. 
  2.21     Subd. 6.  [GIFTS; ITEMS OR SERVICES OF VALUE.] A wholesaler 
  2.22  that sells selected class I or class II dairy products to a 
  2.23  retailer must not provide to the retailer a gift item or a 
  2.24  service of value that differs in any significant way from gifts 
  2.25  or services made available to all retailers to whom the 
  2.26  wholesaler sells dairy products at wholesale. 
  2.27     Subd. 7.  [ENFORCEMENT.] The commissioner of agriculture 
  2.28  shall enforce this section. 
  2.29     Sec. 2.  [EFFECTIVE DATE.] 
  2.30     Section 1 is effective July 1, 1995.